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(영문) 창원지방법원 2020.01.22 2019고단3404
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On July 8, 2019, the Defendant accepted a proposal from a telephone financial fraud assistance staff member on his name and accepted the proposal to the effect that “a loan shall be made up to five million won if he forwards a e-mail card for the payment of principal and interest on a loan,” and sent a copy of the e-mail card linked to the bank account (D) in the name of the Defendant at the vicinity of the window in Changwon-si, Changwon-si around July 8, 2019 to the designated place by the telephone financial fraud organization member on the name of the Defendant.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Application of the Acts and subordinate statutes concerning details of transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

The favorable circumstances: The fact that the defendant recognized and reflected the crime, the same kind of crime does not exist, and the circumstances unfavorable to the defendant's assertion that the means of access leased by the defendant has actually been used for the crime of Bophishing, the entire amount of the damage has been withdrawn, and there is no data to view that the damage has been recovered.

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